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Nebraska Liquor Control Commission
Nebraska Rules and Regulations
TABLE OF CONTENTS
RULES AND REGULATIONS
CHAPTER 1 PRACTICE AND PROCEDURE
001 Public Meetings
002 Contested Cases
003 Promulgation, Amendment or Repeal of Rules;
Declaratory Rulings
004 Petition: Form
005 Failure to Comply With Order of Commission
006 Mandatory Meeting
007 Penalty in Abeyance
008 Penalty for Late Fees
009 Classification of Alcoholic Liquor
CHAPTER 2 REQUIREMENTS FOR LICENSEES
001 General Requirements
002 Partnership When Business Operated on Percentage
or Share Basis
003 Transfer of Stock of Terminated License
004 Temporary Agency Agreements
005 License Application Requirements
006 Residency Requirements
008 Trade Name
009 Manager Application
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010 Falsification of Application
011 Falsification of Information
012 Definitions
013 Special Designated Licenses
CHAPTER 3 CORPORATIONS/PARTNERSHIPS
001 Resident Manager for Corporation
002 Change of Ownership or Control-Corporations and
Partnerships
CHAPTER 4 STORAGE AND TRANSPORTATION OF ALCOHOLIC LIQUORS
001 Storage of Liquor by Retail Licensee
002 Transportation of Liquor by Retail Licensees
CHAPTER 5 LABELS AND CONTAINERS
001 Labels
002 Containers
CHAPTER 6 LICENSEE OPERATIONS
001 Signs
002 Sampling/Tasting
003 Keg Registration Requirements
010 Alcoholic Beverage Products/Pass Through Wholesale
Licensed Premise
012 Dock Sales
015 Acceptable Forms of Payment
016 Trade Practice Policies
017 Employment of Minors
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018 Credit: Wholesaler/Retailer
019 Illegal Conduct: All Licensees:
020 Cancellation/Denial of Licenses
CHAPTER 7 PERMITTEE REPORTS/RECORD RETENTION
001 Permittee Reports
002 Record Retention
CHAPTER 8 STATE INSTITUTIONS
001 Alcohol to State Institutions
CHAPTER 13 FARM WINERIES
001 Waiver of 75%/25%
002 Signs, Advertising
003 Record Keeping/Documentation
004 Branch Outlet/Sampling
005 Distribution
006 Place of Fermentation
CHAPTER 14 MINIMUM STANDARDS FOR ALCOHOL SERVER
TRAINING PROGRAMS
001 Minimum Standards for Alcohol Server Training Programs
002 Management Training Program
003 Application to be a Certified Program
004 Term of Certification
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CHAPTER 15 REQUIREMENTS FOR CIGAR BAR CERTIFICATION
001 Cigar Bar
002 Application for Cigar Bar Certification
003 Enforcement
CHAPTER 16 - REQUIREMENTS FOR WHOLESALERS AND SHIPPERS
001 Mandatory ACH Rule
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CHAPTER 1-PRACTICE AND PROCEDURE
TABLE OF CONTENTS
STATUTORY CODE
SUBJECT AUTHORITY SECTION
Amendment of Rules 84-910 003
Compliance with Orders 53-117 005
Contested Cases 84-913 002
Declaratory Rulings 84-912 003
Mandatory Meeting 84-910 006
Penalty in Abeyance 53-117 007
Penalty/Late Fees 53-117 008
Petition/Form 84-910 004
Promulgation of Rules 84-910 003
Public Meetings 84-1408 to 001
84-1413
Repeal of Rules 84-910 003
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CHAPTER 1 - PRACTICE AND PROCEDURE
001 PUBLIC MEETINGS
001.01 Public meetings of the Nebraska Liquor Control Commission shall
be held at its headquarters office, located at 301 Centennial Mall,
South, Lincoln, Nebraska, as noticed by the Commission unless otherwise
ordered by the Commission.
001.02 Notice of the time and date of public meetings, along with an
agenda of the subject matters to be considered at each public meeting
shall be posted by the Executive Director of the Commission at
headquarters office for the purpose of public notice, inspection and
review at least three days prior to the each meeting of the Commission
provided, at least two of the three days shall be days in which the
headquarters office is open for general business, and provided
further, when it is necessary to hold an emergency meeting without
reasonable advance public notice the nature of the emergency shall be
stated in the minutes and any formal action taken at such meeting shall
pertain only to the emergency.
001.03 Public presentation(s) before the Commission at a public meeting
shall be allowed at the start of a scheduled meeting with the following
provisions:
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001.03A Any written materials presented to the Commission shall be done
so by submitting four copies thereof to the Executive Director who shall
distribute a copy to each commissioner;
001.03B The Commission may limit the length of time for public
presentations; and may limit the content of any public presentation to matters
of policy rule and or regulation, and not matters regarding specific contested
cases, current litigation or third party petitions.
001.03C In the interest of Commission review regarding any subject matter
before it in a public meeting, the Commission may waive the provisions
set out hereinabove established by this paragraph.
002 CONTESTED CASES
002.01 Notices of formal hearings conducted under the provisions of the
Nebraska Liquor Control Act and the Rules and Regulations of the Nebraska
Liquor Control Commission shall contain the following:
002.01A The date and time of the hearing;
002.01B The place of the hearing;
002.01C The nature of the proceeding; and
02.01D The issues involved, if they can be fully stated at the time. If
the issues cannot be fully stated at the time of the notice, and amended
notice containing the issues involved shall be issued as soon as the
issues can be fully stated.
002.02 Continuances agreed and consented to by all parties to a hearing
shall be allowed for a period of the time not to exceed 30 days. Any
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continuances of a hearing beyond the 30 days shall be accepted or denied
by the Commission.
002.03 The Commission may order two or more proceedings, which are
legally or factually related, to be heard and considered together on a
consolidated record unless any party thereto makes a showing sufficient
to satisfy the Commission that prejudice would result therefrom.
002.04 The Commission may procure waiver of any notice required by
this rule from all parties to a proceedings and hold the hearing as soon as
necessary. In the event the Commission declares an emergency exists, the
Commission may, upon written notice to the parties, waive any or all of
the requirements of this rule and set a matter for hearing as soon as the
Commission determines that it is required by the public interest.
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002.05 In all proceedings wherein the Commission has authority to subpoena
witnesses, a subpoena requiring the attendance of a witness will be issued by the
Commission on written application of any party, or on the order of the Commission.
Subpoenas for the production of accounts, books, documents, electronic records, and
associated data storage devices and media, video tapes or digital video storage
devices, or papers are required and the facts expected to be proved thereby. All parties
directed to produce accounts, books, documents, or papers shall furnish and deliver
the same at the time and to the place specified in the subpoena. A subpoena issued
pursuant to this rule shall be served in a manner permitted by law which shall include
service by certified mail, return receipt requested. In the case of disobedience to a
subpoena, the Commission may invoke the aid of any court of this state in requiring
the attendance and testimony of the witnesses and the production of accounts, books,
documents, electronic records, and associated data storage devices and media, video
tapes or digital video storage devices, or papers. Any charges for service of a
subpoena are to be paid prior to the date set for hearing by the parties at whose
instance the subpoena is issued.
002.06 Any witness who is summoned and who responds thereto is
entitled to the same fees and expenses as is paid for like service in the
District Court for the county wherein such hearing is held. Mileage for
officers and fees for service of documents served by Order of the Commission,
when served by law enforcement officers, shall be equal to those
established by law in similar cases for charges in the District Court
of said county.
002.07 The taking of depositions and proceedings before the Commission
shall be in the manner prescribed by law for taking depositions in
civil actions in the District Courts for the State of Nebraska.
002.08 Formal hearings held before the Commission shall conform to the
requirements of Chapter 84, Section 914, R.R.S., Nebraska, as amended,
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unless otherwise provided for by this rule.
002.09 The Commission, when it deems it necessary in the enforcement
of the laws of Nebraska and Rules and Regulations of the Commission,
may cite a licensee before it for a formal hearing. The citations shall be
in writing and definitely state the charges or complaints the licensee is
called upon to answer. The charges or complaint that the licensee is
called upon to answer may be amended at the time of the hearing
provided the amended charges or complaint is agreed to by the
licensee called upon to answer. The Commission may authorize
certain law enforcement officers to issue citations to licensees.
002.10 If it is found by the Commission that any licensee is violating
any provisions of the Nebraska Liquor Control Act or the Rules and
Regulations of the Commission promulgated thereunder, or is failing to
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observe in good faith the purposes of said act, the license of such
licensee may be suspended, cancelled or revoked by the Commission.
002.11 The licensee may appear in person and by counsel, and produce
such witnesses and evidence as the licensee deems necessary in the
protection of the licensee's interest.
002.12 Upon the suspension, cancellation or revocation of any license,
the local governing body shall be notified of such suspension,
cancellation or revocation and said licensee shall be prohibited from
operation under such license during such period of time.
002.13 All orders or decisions of the Commission and rehearings or
appeals of such orders or decisions of the Commission shall conform
to the requirements of Chapter 53, Section 1,116, R.R.S., Nebraska,
as amended. All orders and decisions of the Commission assessing
penalties, fixing the time of hearings or rehearings, or pertaining to
motions filed with respect to the same, shall become effective as such
when recorded in the records of the Commission.
002.14 The Commission may employ a hearing officer who shall assist
the Commission with the review of any issue or matter which the
Commission deems proper in order to carry out the provisions of the
Nebraska Liquor Control Act and who shall perform such other duties
as the Commission may prescribe, provided, any issue or matter
reviewed by a hearing officer involving a contested case shall conform
to the requirements of 237-LCC1-002, and provided further, if a hearing
is conducted by a hearing officer, the hearing officer shall submit a
report of the findings made by such hearing officer along with a
recommendation of order or decision to the Commission within 20 days
of the date of such hearing, and a copy of the report and recommendation
of the hearing officer shall be forwarded to all parties requesting the same,
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and provided further, any recommendation of order or decision made to
the Commission by a hearing officer will not be considered an order or
decision of the Commission unless accepted and affirmed by the
Commission, and the Commission may further reverse, adopt, modify,
supplement, amend or reject the recommendation of order or decision
by the hearing officer, in whole or in part, and provided further, upon its
motion or motion by any party to a hearing held before a hearing
officer, the Commission shall allow a rehearing before the Commission
of any issue or matter reviewed by a hearing officer. The written
motion by an outside party shall be in writing and must be made
within 20 days of the date of the Commission's decision and shall
include the reasons why a rehearing should take place.
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002.15 Any hearing conducted by a hearing officer shall require the
department to prepare an official record of the hearing, including all
testimony recorded mechanically or stenographically, and all exhibits
introduced. The department is not required to transcribe such record
except pursuant to an appeal, except that, upon written request and
receipt of a reasonable fee for transcribing such record, the department
may transcribe the record or allow for its transcription by the persons
requesting.
003 PROMULGATION, AMENDMENT OR REPEAL OF RULES:
DECLARATORY RULINGS
003.01 Any interested person may petition the Commission requesting
the promulgation, amendment or repeal of any rule of the Nebraska
Liquor Control Commission. The form for such petition or procedure
for the submission, consideration or disposition of such petition shall
be as set forth and provided for by 237-LCC1-004.
003.02 Any interested person may petition the Commission to issue a
declaratory ruling with respect to the applicability to any person,
property or state of facts or any rule or statute enforceable by the
Commission. The form for such petition or procedure for the submission,
consideration or disposition of such petition shall be set forth and
provided for by 237-LCC1-004. A declaratory ruling, if issued after
argument and stated to be binding upon the petitioner or the Commission
by the Nebraska Liquor Control Commission shall remain binding unless
it is altered or set aside by a court.
003.03 Submission of petitions as allowed for by 237-LCC1-004 shall be
made to the Nebraska Liquor Control Commission in duplicate. The
Commission shall offer consideration of any petition submitted as set
forth hereinabove within a reasonable amount of time at a public meeting
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or by hearing before the Commission. After consideration of any petition
received by the Commission as set forth hereinabove, the Commission
shall dispose of the same by proper order of the Commission.
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004 PETITION: FORM:
BEFORE THE NEBRASKA LIQUOR CONTROL COMMISSION
STATE OF NEBRASKA
In the matter of: Petition For:
_______________________) ______________________________
_______________________) ______________________________
_______________________) ______________________________
(Specify request for promulgation or
repeal of rule or for declaratory ruling on)
(Give name & address of petitioner) ____________________________
____________________________
____________________________
____________________________
(Specify statute or rule)
COMES NOW PETITIONER and requests the Nebraska Liquor Control
Commission for a(n) (promulgation, amendment or repeal of rule ________)
or declaratory ruling with respect to the applicability of the aforementioned
(specify statute or rule).
The following are statements of facts that shall apply:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
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____________________________________________________________
Petitioner states that the aforementioned (request for promulgation,
amendment or repeal of rule) or (declaratory ruling) is needed for the
following reason(s):
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
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(Show how an appropriate action of the Commission would be in the best
interest of the State of Nebraska or would terminate controversy or
uncertainty) Petitioner alleges that the following named persons are the
only persons who have or claim any interest, or would be affected by the
disposition of this petition:
_________________________________________________________
(Name) (Address) (City) (State)
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
WHEREFORE, petitioner prays that the Nebraska Liquor Control
Commission take the following action:
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
__________________________ ___________________________
(Date) (Signature of Petitioner)
005 FAILURE TO COMPLY WITH ORDER OF COMMISSION
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005.01 Willful failure or refusal by a licensee to comply with a specific
written order of the Commission, which has been made by the Commission,
in the enforcement of the laws of Nebraska or rules of the Commission,
shall be grounds for suspension, cancellation or revocation of said
license after formal public hearing.
006 MANDATORY MEETING
006.01 The Commission may order any licensee to appear before it to
discuss in an informal matter any issue involving that licensee which
is of concern to the Commission. Failure to comply with an order
requiring a licensee to appear before the Commission may result in an
action for failure to comply with an order of the Commission.
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007 PENALTY IN ABEYANCE
007.01 It is the intent of the Nebraska Liquor Control Commission to
provide assistance to liquor licensees in obtaining guidance for good
management skills and styles, to facilitate operating their businesses
within the guidelines established by the Nebraska State Statutes and
Liquor Control Commission's rules.
007.02 The "Penalty In Abeyance" allows the Liquor Control Commission
to delay a penalty for a violation (in abeyance) for a period of time. This
period of time allows the Commission to scrutinize the management,
premises, and training of employees of the licensee. The Commission
may determine, through this process, that a lesser penalty is warranted
for the violation.
007.03 During the period the penalty is held in abeyance, the licensee
may be required to follow certain guidelines. Some corrective actions
may be required to improve management styles, including employee
training. This period of time will allow the Commission to exercise its
"broad powers" to improve professional liquor dispensing in licensed
establishments in Nebraska.
007.04 Should the Commission elect to require a licensee or employees
to receive server training during the period of abeyance, the course shall
be one approved by the education review committee as appointed by the
Commission.
007.05 Should the Commission require the licensee to report to a
designee during the period of abeyance, the designee may be an
employee of the Liquor Control Commission, an officer of the
Nebraska State Patrol or other enforcement agency, or other local
authority selected by the Commission.
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007.06 The "penalty in abeyance" process would follow these steps:
007.06A On the day of hearing:
007.06A1 Liquor Control Commission finds licensee guilty of violation.
007.06A2 Penalty is placed in abeyance for a period of 12 months (or
other appropriate time period).
007.06A3 "Preconditions of sanction" are explained and written copy
furnished to licensee.
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007.06A4 Entry is made on licensee's record that there is a penalty in
abeyance.
007.06B Upon successful completion of period of abeyance:
007.06B1 Preconditions have been successfully met.
007.06B2 Placed on Commission's hearing agenda for final disposition.
007.06B3 Commission would establish penalty (i.e., letter of reprimand,
minimal suspension, etc.).
007.06B4 Entry is made on licensee's record of final sanction.
007.06C Upon unsuccessful completion of period of abeyance:
007.06C1 Should a violation of the established precondition occur:
007.06C1A The license would be set for a show cause hearing to show
why abeyance should not be terminated and immediate sanctions imposed.
007.06C2 Should a violation of statute, rule, etc. occur during period of
abeyance:
007.06C2A Hearing is held on 2nd offense.
007.06C2B Finding of guilt for new offense (If found not guilty, abeyance
continues).
007.06C2C Appeal period of new offense is exhausted.
007.06C2D Show cause hearing is placed on agenda to show cause why
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abeyance should not be terminated and immediate sanctions imposed.
007.06C2E Sanction for first violation is imposed.
007.06C2F Entry is placed on licensee's record of final sanction.
008 PENALTY FOR LATE FEES
008.01 Every licensee shall pay all fees required under the Liquor
Control Act in a timely manner. The failure to pay a requisite fee by
the date prescribed by law and regulation may result in the suspension,
cancellation or revocation of the license held, after a formal hearing
before the Commission.
009 CLASSIFICATION OF ALCOHOLIC LIQUOR
009.01 For the purpose of the classification of flavored malt beverages, the
Nebraska Liquor Control Commission shall utilize the same classification as
adopted by the Alcohol and Tobacco Trade and Tax Bureau ("TTB") found at
27 CFR Parts 7 and 25 ("Flavored Malt Beverage and Related Regulatory
Amendments") which went into effect January 3, 2006. If anyone believes that
the determination made by the Commission is in error they may request a
declaratory ruling under Chapter 1 003.02.
010 CLOSING TIME ORDINANCES/RESOLUTIONS
010.01 In the event of a 2 am closing time, clerks shall notify the Commission in
writing and attach a copy of the ordinance or resolution.
CHAPTER 2 - REQUIREMENTS FOR LICENSEES
TABLE OF CONTENTS
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STATUTORY CODE
SUBJECT AUTHORITY SECTION
Definitions 53-177 012
Falsification of Application 53-131.01 010
Falsification of Information 53-131.01 011
General Requirements 53-101.05 001
License Application Requirements 53-131.01 005
Manager Application 53-131.01 009
Partnerships 53-1,100 002
Residency Requirements 53-131.01 006
Special Designated Licenses 53-131.01 013
Temporary Agency Agreements 53-117 004
53-118
Trade Name 53-117 008
53-118
Transfer of Stock 53-123.04 003
& 53-175
CHAPTER 2 - REQUIREMENTS FOR LICENSEES
001 GENERAL REQUIREMENTS
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001.01 The licensee shall, at all times, be responsible for the licensed
premises and for the control, sale and dispensing of alcoholic liquors
permitted by the license. Only the licensee may receive the proceeds
resulting from the sale or dispensing of alcoholic liquor except (a)a
manager may receive a percentage of gross or net sales as employment
compensation, (b) a landlord may receive a percentage of gross sales
as rent, (c) the franchisor may receive a percentage of gross sales as a
franchise fee and (d) except whereas otherwise provided by the provisions
of the Nebraska Liquor Control Act.
001.02 In cases wherein the commission has fixed certain requirements
and prescribed certain conditions upon which a license is granted or is
permitted to continue in full force and effect by order of the
commission, whether such requirements or conditions are imposed
at a formal hearing, by a written notice or in a written stipulation, such
requirements or conditions shall be deemed a part of the license issued
by the commission as though actually endorsed thereon; and any
violation or breach of any such requirements or conditions is prohibited.
002 PARTNERSHIP WHEN BUSINESS OPERATED ON PERCENTAGE
OR SHARE BASIS
002.01 Any license covering premises financed or operated on a percentage
or share of the business basis will be considered a partnership between
the parties involved insofar as the rights and duties of the licensee of
record under his license are concerned.
003 TRANSFER OF STOCK OF TERMINATED LICENSE
003.01 When a licensee has discontinued business under his license
and his license has been terminated, he may apply in writing to the
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commission for permission to transfer his stock of alcoholic liquors to
another qualified licensee. He shall furnish the commission with an
inventory of the liquors contemplated in such transfer.
003.02 The licensee who desires to purchase such stock of liquor shall
also apply in writing to the commission for permission to make such
purchase and he shall report to the commission in writing the quantity,
brands, and types of such liquor purchased and the address to which it
was actually delivered after the purchase.
004 TEMPORARY OPERATING PERMITS
004.01 Someone other than a licensee may operate a business holding a liquor
license if all of the following criteria are met:
004.01A A formal application for a new license must be on file with the
Commission;
004.01B A request for a temporary operating permit must be filed with the
application.
004.01C Temporary operating permits may not exceed 90 days in total
duration.
004.01D If the sale of the business fails to occur, the previous licensee can be
reinstated during the pendency of the temporary operating permit upon request
of the previous license holder.
004.02 Any violations occurring during the pendency of the temporary
operating permit will be adjudicated in the following manner;
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004.02A Any violations occurring during the temporary operating permit will
be used and conferred upon a license if issued. Any violations may be used to
determine the fitness of the applicant to receive the requested license.
005 LICENSE APPLICATION REQUIREMENTS
005.01 A person applying for a license of any kind, except those issued
under Neb. Rev. Stat. 53-124.11, shall file with their license
application (1) birth certificate or naturalization papers proving United
States citizenship, and (2) the required fingerprints card(s) and fee(s).
Fingerprints filed with the Nebraska Liquor Control Commission within
the past two years of the filing of the application shall meet this require-
ment.
005.01A For corporations, fingerprints are required of the Chief Executive
Officer, the manager, or any stockholder owning in the aggregate more
than twenty-five percent of the stock of such corporation. For nonprofit
corporations and governmental subdivision, this shall only mean the manager.
(No citizenship or residency requirements per Sec. 53-125(9))
005.01B Fingerprints of spouses, including those ineligible to hold
a license, will not be required upon receipt of a signed affidavit of
no interest, upon the form provided by the Nebraska Liquor Control
Commission.
005.01C For corporations owning shares in the applicant's corporation,
the Chief Executive officer and/or President and any shareholder owning
in the aggregate more than twenty-five percent of the stock of the corporation
shall file an affidavit on a form supplied by the Commission stating that they
are eligible to hold a license under the Nebraska Liquor Control Act.
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005.02 Any proposed change from a profit to a nonprofit or from a
nonprofit to a for profit license shall require the filing of a new application.
005.03 Any change from an individual license to a partnership, when
adding a spouse, or when an individual or partnership incorporates, with no
additional partners, or from a corporation to an individual, shall not require the
filing of a new application, but may be done by the filing of an affidavit with the
Nebraska Liquor Control Commission.
006 RESIDENCY REQUIREMENTS
006.01 Any licensee, required to be a state resident must be a
registered voter in Nebraska and must, if a vehicle is owned,
have at least one such owned vehicle registered in Nebraska.
006.02 Additionally, all licensees are required to do any two
of the following:
006.02A Own or rent property in Nebraska;
006.02B Have a mailing address in Nebraska;
006.02C Actually reside in Nebraska;
006.02D Use a Nebraska address on tax returns.
008 TRADE NAME
008.01 The Liquor Control Commission shall be notified in writing of
any change in an operating trade name(DBA). Notification shall be made by
licensee within thirty (30) days of change.
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009 MANAGER APPLICATION
009.01 Upon departure, death or termination of a manager, a licensed
corporation shall file an application with the Liquor Control Commission
for a new manager within sixty (60) days. Should the corporation be
unable to establish a manager within sixty (60) days, the corporation
may apply for a hardship.
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010 FALSIFICATION OF APPLICATION
010.01 No applicant for a liquor license, or partner, principal, agent
or employee of any applicant for a liquor license shall provide false or
misleading information to the Nebraska Liquor Control Commission,
its executive director, or employees. Any violation of this provision
may result in denial of application for a liquor license or, in the event
that a license has already been issued, suspension, cancellation or
revocation of such license.
011 FALSIFICATION OF INFORMATION
011.01 No licensee or partner, principal, agent or employee of any
licensee shall provide false or misleading information to the Nebraska
Liquor Control Commission, its executive director or employees. Any
violation of this provision may result in suspension, cancellation or
revocation of such license.
012 DEFINITIONS
012.01 "School" shall mean a building which is used as a place for
the instruction of pupils in elementary or high school grades, and
which is owned, leased, or otherwise under the jurisdiction and
control of a public school district or the administrative body of a
private, denominational or parochial school accredited by the
State Board of Education, provided, that a satellite location that is not
adjacent to the school’s primary location and which serves not more
than 25% of the number of students enrolled at such school shall not be
considered a “school” for purposes of Neb. Rev. Stat. Rec. 53-177. A
student attending a satellite location and the school’s primary location
shall be counted as served by the satellite location.
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012.02 "College" shall mean a technical community college, a state
college, or a private college approved by the Nebraska Coordinating
Commission for Postsecondary Education.
012.03 "University" shall mean two or more colleges under a central
administration, offering baccalaureate and/or graduate degree program.
012.04 "Campus" shall mean any buildings owned, leased, or otherwise
under the jurisdiction and control of the administration of a college or
university, which are used as a place for the education of students or
for student living quarters, and the grounds surrounding such buildings,
provided that a satellite location that is not adjacent to a university or
college’s primary location and which serves not more than 25% of the
number of students enrolled at such university or college shall not be
considered a “campus” for purposes of Neb. Rev. Stat. Sec 53-177. A
student attending a satellite location and the university or college’s primary
location shall be counted as served by the satellite location.
012.05 "Church" shall mean a building where people regularly assemble
for worship and for the administration of such offices and is held out to
the public as a house of worship and used predominately for the honor
of religion and includes, but is not limited to, a building such as a mosque,
synagogue or a temple.
012.06 "Guest" shall mean a patron of a club, as defined in Sec. 53-103(20),
who comes to the club at the invitation of a member and who uses the club’s
services or facilities while accompanied by that member. Nothing herein
shall prevent clubs from entering into reciprocity agreements to enable a
member of one club to use the services or facilities of another club.
012.07 Outdoor area shall mean an outdoor area included in licensed premises, which
is used for the service and consumption of alcoholic liquors, and which is contained by
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a permanent fence, wall or other barrier approved by the Commission and shall be in
compliance with all building and fire codes, or other applicable local ordinances.
013 SPECIAL DESIGNATED LICENSES
013.01 Except as provided for in 013.04 all applications for a special designated
license, with local governing body approval, and proper fees, must be received by the
Commission at least ten working days prior to the event. Such notice is required to
enable a reasonable notification to the Nebraska State Patrol, local law enforcement,
the fire marshal, and the sanitation division of the Department of Agriculture.
Applications not received at least ten working days prior to the event will not be
processed.
013.02 In connection with each event, the applicant must provide a written showing
of estimated size of the crowd and how it intends to assure that alcohol will not be
served to minors and intoxicated persons.
013.03 Each of the following conditions, unless waived or modified as herein
provided, shall apply to all Special Designated Liquor Licenses issued to organizations
that do not hold a valid retail or caterer's liquor license.
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013.03A Events attended by more than 150 people that includes minors
unaccompanied by a parent (excluding minors acting as service personnel and minors
attending as program or entertainment participants) shall conduct age checking at the
entrance to the licensed area and all adults shall be identified with wrist bands that are
destroyed by removal.
013.03B At events attended by more than 150 people which do not involve a sit down
meal served to all attendees simultaneously there shall be a minimum of one security
person for attendees up to 200 and one more security person for each 200 additional.
Security personnel whether paid or volunteer shall have no duties other than
maintaining order and enforcing all liquor laws and license conditions including
prohibiting minors and intoxicated attendees from consuming or possessing alcohol.
All security personnel shall be dressed in distinctive clothing with visual markings
identifying them as security personnel.
013.03 C The individual designated on the license as the event supervisor shall be in
the licensed area at all times alcohol is being served and the immediate post clean up
period. If the event supervisor is to be absent from the licensed premise during any
part of the designated period, the event supervisor must designate a person to be in
charge in his/her absence.
013.03D All workers performing duties for the sponsoring organization at the
licensed event whether paid or volunteers shall refrain from consuming alcohol while
on duty during the event and any immediate post event clean up period.
013.03E If minors are in attendance at events of more than 150 people (excluding
minors attending as service personnel and minors attending as program or
entertainment participants) alcoholic drinks shall be served in distinctively different
containers than those in which non-alcoholic drinks are served.
013.03F At outdoor events attended by more than 150 people where non-attendees
have access to property adjacent to any portion of the licensed area all open areas
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(defined below) with the exception of a reasonably sized access and exit aisle shall
have double row fencing with plastic or wood snow fence materials (or equal).
The two rows of fence shall be at least 4 feet apart with clear space between the
two rows of fence. Open areas are all portions of the licensed area which adjoin
areas that can be used or occupied by non-attendees where there is not a solid wall
or chain link fence at least 6 feet in height. Except for people entering and exiting
the licensed area all attendees shall remain inside the interior row of fencing.
013.03G Any condition may be waived or modified by the Liquor Control
Commission upon a showing by the applicant that such condition is not necessary for
the promotion of the health, safety and welfare of the people of the state.
013.04 Applications for Special Designated Liquor Licenses by non-licensees
requesting a waiver or modification of conditions along with the reasons and
justification for such waiver or modification must be received by the Liquor Control
Commission at least 30 calendar days prior to the licensed event. When no waiver
or modification is required the commission must receive Special Designated
Liquor License applications at least 10 working days prior to the licensed event.
013.05 All Special Designated Liquor Licenses issued to organizations that
do not hold a valid retail or caterers liquor license will list all the applicable
conditions that are a part of that license.
013.06 It is the declared policy of the Commission that Special Designated Licenses
should not be used to avoid the oversight and accountability imposed upon a regular
retail license. Therefore, applications for Special Designated Licenses may be denied
if the proposed location could otherwise be granted a regular license and if such
regular license best serves the purposes of the Liquor Control Act. To help
accomplish this policy any location that has received twelve (12) Special Designated
Licenses in one calendar year shall have any further applications set for hearing to
make a determination whether additional licenses are justified prior to the issuance of
the requested Special Designated License.
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CHAPTER 3 - CORPORATIONS/PARTNERSHIPS
TABLE OF CONTENTS
STATUTORY CODE
SUBJECT AUTHORITY SECTION
Change of Ownership/Control 53-125 002
Resident Manager/Corporations 53-126 001
CHAPTER 3 - CORPORATIONS/PARTNERSHIPS
001 RESIDENT MANAGER FOR CORPORATION
001.01 In the case of a corporation making application for a retail or
wholesale license under the Nebraska Liquor Control Act, a resident
manager qualified under the laws of Nebraska shall be appointed as by
law provided.
001.02 Any person desiring to obtain status as a manager for a corporate
license currently in effect and issued by the Nebraska Liquor Control
Commission shall file with the Commission:
001.02A An application triplicate original upon such forms that the
Commission may from time to time prescribe;
001.02B A duly executed "Power of Attorney" if the same is to be the
person making the application for manager (See 53-126).
002 CHANGE OF OWNERSHIP OR CONTROL - CORPORATIONS
AND PARTNERSHIPS
Page 35
002.01 General Partnership: When a licensee operating as a general
partnership acquires a new partner, the licensee must at once make
that fact known to the commission. The commission may require such
information and documentation as it deems necessary from the new
partner to enable the State Patrol to complete a background check
of the new partner, and/or the commission may require the partnership
to submit an application for a new license. One of the general partners
must be named as agent. If the general partner is a corporation, one
individual must be named as agent (or person in charge) with the filing
of a manager's application.
002.02 When one general partner sells part or all of his interest in a
licensed business to another existing general partner, or when an
existing general partner or general partners acquires by any lawful means
an interest held by another general partner or general partners, that fact
must be made known to the commission by a sworn affidavit, however,
an application for a new license need not be made.
002.03 Limited Partnership: When any business is operated as a limited
partnership and one or more of the limited partnerships are sold to
another, whether that limited partner is an existing partner or not, the
existence of the change in the limited partnership must be made known
to the Commission by affidavit within ten days, however, an application
for a new license need not be made.
002.04 Corporations: All direct or indirect interests in a license held
in whole or part by a corporation must be disclosed to the Commission
in the application for a liquor license. When any corporation applying
for a license has outstanding shares issued to a corporation and/or
holding company, that fact must be disclosed in the application.
Each corporation listed on the application must disclose any corporation
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and/or holding company which holds shares in it. For each corporation
and/or holding company disclosed, a disclosure shall be made of each
shareholder owning in the aggregate more than 25% of the corporation.
Any applicant who has a corporation as a shareholder shall file an
organizational chart which lists all shareholders which are either a
corporation and/or any shareholder which owns in the aggregate more
than 25% of the stock of the corporation.
002.05 Corporations: Any transfer of the outstanding and issued stock
of a corporation holding a license which results in any person holding
in the aggregate more than twenty-five percent of all of the outstanding
and issued stock of such corporation shall be communicated to the
commission within ten days in writing by certified or registered mail,
along with an affidavit of said stockholder in the form prescribed by the
commission, concerning whether or not he is qualified to meet the
standards established by law for those to whom such a license may be
issued as an individual, other than citizenship or residence; in the event
such stockholder fails to qualify as hereinbefore set out as a licensee
under the Nebraska Liquor Control Act said corporation shall be notified
in writing by certified or registered mail, and shall within twenty days of
the notification surrender for cancellation said corporate license or
show cause why the same should not be surrendered for cancellation
or file with the Commission an application for a new liquor license
in the manner prescribed by law and regulation.
002.06 The sale of the majority of the corporate outstanding and
issued stock or the transfer of the control of the majority of such
outstanding and issued stock by a power of attorney or proxy filed with
said corporation or held by any person or exercised at any stockholders
meeting of a corporation holding a wholesale or retail license under the
Nebraska Liquor Control Act shall constitute a change of ownership of
said corporation. The corporation shall notify the Commission at once
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of such a change of ownership. The Commission may require such
information and documentation as it deems necessary from the new
owner(s) to enable the State Patrol to complete a background check
of those new owner(s) and/or the Commission may require the
corporation to submit an application for a new license. When all
or part of the outstanding and issued stock of a corporation is held by
any number of stockholders, and one or more existing stockholder
acquires by sale or transfer any part of or all the outstanding and
issued stock held by another existing stockholder, that fact must be
made known to the Commission within 10 days of such transfer, by a
sworn affidavit stating the number of shares having been transferred and
whether or not the transferee is qualified to meet the standards
established by law for those to whom such a license may be issued as
an individual, other than citizenship or residence, but an application
for a new license need not be made.
002.07 Any time any person or persons acquire for the first time a
beneficial interest in the form of ownership of outstanding and issued
stock in any licensed corporation in an amount equal to more than five
percent of the outstanding and issued corporate stock that person must
inform the commission by affidavit of the other liquor license in which
a beneficial interest is possessed, if any, within ten days by registered
mail. Provided, however, any corporate licensee listed on the New York
Stock Exchanges or any corporate licensee having one hundred or more
shareholders need only so inform the commission of any such beneficial
interest of persons comprising the ten largest stockholders of that
corporation.
CHAPTER 4 - STORAGE OF LIQUOR BY RETAIL LICENSEE
TABLE OF CONTENTS
SUBJECT STATUTORY CODE
Page 38
AUTHORITY SECTION
Storage Off Premise 53-131 001
53-101.05
Transportation Off Premise 53-131 002
53-101.05
CHAPTER 4 - STORAGE AND TRANSPORTATION OF
ALCOHOLIC LIQUORS
001 STORAGE OF LIQUOR BY RETAIL LICENSEE
001.01 All liquors shall be stored and maintained in the licensed
premises of the licensee in a safe manner, and no such liquors shall be
stored in any other place than the licensed premises except after
application submitted in writing to the commission by said licensee and
receipt by said licensee of written authority from the commission.
001.02 Officers of the Nebraska State Patrol or agents of the Commission may grant
temporary permission for storage of any liquors off the licensed premises, upon
notification to the commission staff of such temporary permission as soon as practical.
An application submitted in writing for storage off the licensed premises shall be
submitted to the commission by said licensee as soon as possible.
002 TRANSPORTATION OF LIQUOR BY RETAIL LICENSEES
002.01 A retail licensee shall not permit the transportation of alcoholic
liquor from his licensed premises for storage purposes in any manner,
for any purpose, or to any location other than has been expressly
authorized in writing by the commission.
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CHAPTER 5 - LABELS AND CONTAINERS
TABLE OF CONTENTS
SUBJECT STATUTORY CODE
AUTHORITY SECTION
Container Capacities 53-117 002
53-118
Labels 53-117 001
53-118
53-123.02
53-172
53-192
53-1,103
CHAPTER 5 - LABELS AND CONTAINERS
001 LABELS
001.01 Labels attached to all original containers or packages of
alcoholic liquor offered for sale in this state shall set forth in plain
and legible print in the English language:
001.01A The quantity of such liquors in such original containers;
001.01B The grade and quality of such liquors together with
their alcoholic content (except beer);
001.01C The age of such liquor (except beer and wine) if
Page 40
required by federal regulations;
001.01D If the liquor be a blended product, the labels shall
include the other ingredients contained in such blended product.
001.02 The labels shall not contain any false or misleading statements
or representations. The label of every container of beer shall set forth
the name and address of the brewer.
002 CONTAINERS
002.01 All original containers with alcoholic liquors, sold or offered
for sale in this State, shall be constructed of such material and be in
such form as has been generally found and recognized by State and
Federal Enforcement Officers to be safe, sanitary and in no manner
prejudicial to the health and interest of the public.
CHAPTER 6 - LICENSEE OPERATIONS
TABLE OF CONTENTS
STATUTORY CODE
SUBJECT AUTHORITY SECTION
Acceptable Forms of Payment 53-117 015
53-118
53-168
Alcoholic Beverage Products/Pass 53-117 010
Through Wholesale Licensed Premise 53-118
Cancellation/Denial of License 53-117 020
Page 41
Credit/Delinquencies 53-168 018
Dock Sales 53-117 012
53-118
53-168
53-169
Employment of Minors 53-168.06 017
Illegal Conduct:
All Licensees 53-118 019
Keg Registration Requirements 53-117 003
53-118
53-167.02
Sampling/Tasting 53-117 002
53-118
53-168
53-169
Signs 53-117 001
53-118
53-168
53-169
Trade Practice Policies 53-117 016
53-118
53-168
53-169
Page 42
CHAPTER 6 - LICENSEE OPERATIONS
001 SIGNS
001.01 The Nebraska Liquor Control Act, Chapter 53, Section 118,
establishes in the commission, the power to promulgate a Rule or
Regulation establishing standards of honest advertising and representation.
001.02 Signs and advertisements shall not contain:
001.02A Any statement, illustration, design, device or representation
that is false or misleading;
001.02B Any statement, illustration, design, device or representation
which is obscene or indecent or which is obnoxious or offensive
to the commonly and generally accepted standards of fitness and
good taste;
001.02C Any statement of, or reference to, a price of an alcoholic
liquor which is deceptive or misleading or tends to deceive or mislead;
001.02D Any illustration which is not dignified, modest and in good
taste;
001.02E Any scene which promotes the sale of alcoholic liquors,
including beer, to minors in which is portrayed a child or objects
suggestive of the presence of a child or in any manner portrays
the likeness of a child or contains the use of figures or symbols
which are traditionally associated with children;
001.02F Any statement, design, device or representation relating
to any refund, exchange, or money-back guarantee, irrespective
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of truth or falsity;
001.02G Any reference by name or other identification to any other
licensed retailers; or
001.02H Any statement, design, device, or representation which the
Nebraska Liquor Control Commission finds to be likely to mislead
the consumer.
002 SAMPLING/TASTING
002.01 Sampling
002.01A Retailers and their employees may sample limited quantities of beer, wine
or spirits furnished or dispensed by a manufacturer or wholesaler whether the license
permits consumption on or off the licensed premises. (53-123.02)
002.01B Conditions
002.01B1 sampling may also be done on the premises of a licensed
wholesaler by a licensed retailer (53-123.02, 53-123.03),
002.01B2 consumption shall not exceed more than five samples of one
fluid ounce or less of alcoholic liquor by the same person in a twenty-
four hour period (53-103(37)),
002.01B3 no samples may be given unless all taxes, including the
Nebraska Excise Tax, have been paid,
002.01B4 no samples should be shipped or brought into the State of
Nebraska except directly to the Nebraska Wholesalers.
Page 44
002.02 Tasting
002.02A Representatives of manufacturers, wholesalers, brewpubs and
farm wineries may dispense limited quantities of beer, wine or spirits
[that has been invoiced to retailers] to customers on a retail premises
licensed for on premises consumption.
002.02B Conditions
002.02B1 representatives of manufacturers, wholesalers, brewpubs
and farm wineries shall not sell beer, wine or spirits directly to a
consumer,
002.02B2 tasting samples shall be for the express purpose of allowing
customers to determine the grade, type and quality of alcoholic beverages,
002.02B3 tasting shall be exempt from the multiple drinks rule
(6-019.01U).
003 KEG REGISTRATION REQUIREMENTS
003.01 Where the purchaser obtains more than one keg for off-premises
consumption at the same location and on the same date, only one keg
registration declaration and receipt form must contain all required
information. All other keg registration declaration and receipt forms
for that particular transaction must contain the registration number
from the fully completed form as a reference and be signed by the
purchaser. Such keg registration declaration and receipt forms which
contain the reference number of a fully completed form and have been
signed by the purchaser constitute a valid and properly completed
registration and declaration receipt.
Page 45
003.02 The keg registration label must be placed on the upper one-third
of the keg.
010 ALCOHOLIC BEVERAGE PRODUCTS/PASS THROUGH WHOLESALE
LICENSED PREMISE
010.01 All alcoholic beverages purchased for resale in this State prior
to being resold at retail shall physically come into the possession of a
licensed wholesaler and be unloaded into and distributed from the
licensed wholesaler=s warehouse located in this State. This rule does
not apply to holders of Nebraska craft brewery licenses.
012 DOCK SALES
012.01 Any sale of alcoholic liquors from the dock or licensed premise
of a manufacturer, distributor, or wholesaler shall include on the proper
invoice the signature of the retailer or retailer's agent who receives
delivery of the same at the time of the purchase. It shall be the
responsibility of the manufacturer, distributor, or wholesaler to ensure
that the retailer is properly licensed and that the retailer's agent is
bona fide and acting solely on behalf of the authorizing retailer.
015 ACCEPTABLE FORMS OF PAYMENT
015 Acceptable forms or means of payment between retail licensee and
wholesale licensee for purchases of alcoholic beverages. (beer, wine, spirits)
015.01 Retailers business check (The check must carry the name of the
business as so licensed with commission. The name shall mean the current
D.B.A. or corporate name. If licensed as a proprietorship or partnership,
the name of the individual or partner or D.B.A.)
Page 46
EXCEPTIONS:
015.01A A personal check of the licensee may be accepted by wholesaler if
supported by a copy of the liquor license.
015.01B If the business is under a temporary agency agreement, the new
operator shall submit a check with the name of the business. Same criteria
as 015.01.
015.02 Coins
015.03 Currency
015.04 Debit cards (card must carry the name of the retail business as licensed
with commission and signed by licensee or authorized agent.)
015.05 Credit cards (card must carry the name of the retail business as licensed
With commission and signed by licensee or authorized agent.)
015.06 Cashier check (The remitter must be the licensee or authorized agent.)
015.07 Bank Money Order (The remitter must be the licensee or authorized agent.)
015.08 Certified Check (The remitter must be the licensee or authorized agent.)
015.09 Travelers Check (Must carry the signature of the licensee or authorized agent.)
015.10 Payment for beer from a licensed retailer to a licensed beer wholesaler must
be completed by the end of the business day from time of the sale..
015.11 Any electronic transfer of funds from a retailer to a wholesaler with respect
Page 47
to beer must be completed within twenty-four hours of the sale and in the case of
wine or spirits within thirty days of the sale.
016 TRADE PRACTICE POLICIES
A wholesale licensee, shipper licensee, manufacturer licensee, and craft brewery
licensee, (collectively referred to as an Industry member@) may furnish a retail
licensee, with equipment, supplies, services, or other things of value, under
conditions and within the limitations prescribed.
016.01 PRODUCT DISPLAYS
016.01A GENERAL
016.01A1 The act by industry member of giving or selling product displays to a
retailer is allowed provided that the conditions and limitations prescribed in
016.01C of the rule are met.
016.01B DEFINITION
016.01B1 Product displays means any alcoholic liquor racks, bins, barrels, casks,
shelving or similar items the primary function of which is to hold shelve or display
consumer products.
016.01C CONDITIONS AND LIMITATIONS
016.01C1 The total value of all product displays given or sold by an industry
member under 016 of this rule may not exceed $300 per brand at any one time
in any one retail establishment. Industry members may not pool or combine dollar
limitations in order to provide a retailer a product display valued in excess of $300
per brand. The value of a product display is the actual cost to the industry member
who initially purchased it. Transportation and installation costs are excluded.
Page 48
016.01C2 All product displays must bear conspicuous and substantial advertising
matter on the product or the industry member which is permanently inscribed or
securely affixed. The name and address of the retailer may appear on the product
displays.
016.01C3 The giving or selling of such product displays may be conditioned upon
the purchase of the distilled spirits, wine, or malt beverages advertised on those
displays in a quantity necessary for the initial completion of such display. No other
condition can be imposed by the industry member on the retailer in order for the
retailer to receive or obtain the product display.
016.02 POINT OF SALE ADVERTISING MATERIALS AND CONSUMER
ADVERTISING SPECIALTIES
016.02A GENERAL
016.02A1 The act by an industry member of giving or selling point of sale
advertising materials and consumer advertising specialties to a retailer is allowed
provided that the condition and limitations prescribed in 016.02C of this rule are met.
016.02B DEFINITIONS
016.02B1 Point of sale advertising materials are items designed to be used within a
retail establishment to attract consumer attention to the products of the industry
member. Such materials include, but are not limited to: posters, placards, designs,
inside signs (electric, mechanical or otherwise), window decorations, trays, coasters,
mats, menu cards, meal checks, paper napkins, foam scrapers, back bar mats,
thermometers, clocks, calendars, and alcoholic beverage lists or menus.
016.02B2 Consumer advertising specialities are items that are designed to be carried
away by the consumer, such as trading stamps, non-alcoholic mixers, pouring racks,
Page 49
ask trays, bottle or can openers, cork screws, shopping bags, matches, printed recipes,
pamphlets, cards, leaflets, blotters, post cards, pencils, shirts, caps, and visors.
016.02C CONDITIONS AND LIMITATIONS
016.02C1 All point of sale advertising materials and consumer advertising specialties
must bear conspicuous and substantial advertising matter about the product or the
industry member which is permanently inscribed or securely affixed. The name and
address of the retailer may appear on the point of sale advertising materials.
016.02C2 The industry member may not directly or indirectly pay or credit the
retailer for using or distributing these materials or for any expense incidental to
their use.
016.03 EQUIPMENT AND SUPPLIES
016.03A GENERAL
016.03A1 The act by an industry member of selling equipment or supplies to a
retailer is allowed if the equipment or supplies are sold at a price not less than the
cost to the industry member who initially purchased them, and if the price is
collected within 30 days of the date of the sale. The act by an industry member
of installing dispensing accessories at the retailer establishment is allowed as long
as the retailer bears the cost of initial installation. The act by an industry member
of furnishing, giving, or selling coil cleaning service to a retailer of distilled spirits,
wine, or malt beverages is allowed.
016.03B EQUIPMENT AND SUPPLIES
016.03B1 Equipment and supplies means glassware (or similar containers made of
other material), dispensing accessories, carbon dioxide (and other gasses used in
dispensing equipment) or ice. Dispensing Accessories@ include items such as
Page 50
standards, faucets, cold plates, rods, vents, taps, tap standards, hoses, washers,
couplings, gas gauges, vent tongues, shanks, and check valves.
016.03C NEWSPAPER CUTS
016.03C1 Newspaper cuts, mats, or engraved blocks for use in retailers advertise-
ments may be given or sold by an industry member to a retailer selling the industry
members products.
016.03D COMBINATION PACKING
016.03D1 The act by an industry member of packaging and distributing distilled
spirits, wine, or malt beverages in combination with other (non-alcoholic) items
for sale to consumers is allowed.
016.04 EDUCATIONAL SEMINARS
016.04A GENERAL
016.04A1 An industry member may give or sponsor educational seminars for
retailers and their employees. Examples would be seminars dealing with use of a
retailers equipment, training seminars for employees of retailers, or tours of
industry members plant premises. This rule does not authorize an industry
member to pay a retailer expenses in conjunction with an educational seminar
(such as travel and lodging). This does not preclude providing nominal
hospitality during the event.
016.05 STOCKING, ROTATION AND PRICING SERVICE
016.05A GENERAL
016.05A1 Industry members may, at a retail establishment, stock, rotate, and
Page 51
affix the price to distilled spirits, wine, or malt beverages which they sell,
provided products of another industry members are not altered or disturbed.
016.05B SHELF PLAN AND SHELF SCHEMATICS
016.05B1 The act of an industry member of providing a shelf plan or shelf
schematic for distilled spirits, wine, or malt beverages is allowed. When
requested by a retailer, an industry member may, pursuant to the plan or
schematic, rearrange or reset all or part of a liquor store or liquor department.
016.06 PARTICIPATION IN RETAILER ASSOCIATION ACTIVITIES
016.06A GENERAL
016.06A1 The following acts by an industry member participating in retailers
association activities is allowed.
016.06A1A Displaying its products at a convention or trade show
016.06A1B Renting display booth space if the rental fee is the same or paid
by all exhibitors at the event.
016.06A1C Providing its own hospitality which is independent from association
sponsored activities
016.06A1D Purchasing tickets to functions and paying registration fees if the
payment or fees are the same as paid by all attendees, participants or exhibitors
at the event
016.06A1E Making payments for advertisements in programs or brochures
issued by a retailers associations at a convention or trade show.
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016.07 PERMIT TO SOLICIT FOR FUTURE SALES
016.07A The Commission may issue a permit for wholesale sales for future delivery
to retailers which authorizes the permittee to promote the sale of beer, wine, and
spirits through methods such as solicitations, display, advertising and personal contact
with licensed retailers and their agent, servants, and employees. A person holding the
permit under this regulation may give samples of beer, wine, and spirits to retailers
provided the alcoholic beverages first came to rest at a wholesale licensed premise and
the state excise taxes paid. The permit under this section is only required of persons
employed by a holder of a shipping license issued by the Commission and who reside
in the State of Nebraska. Shipping license holders shall furnish the Commission with
the names of all employees engaged in activities requiring a permit under this section
and shall notify the Commission whenever an employee begins or terminates
employment. Upon leaving employment, an employee shall submit his or her permit
to the Commission for cancellation. Every person holding a permit under this section
shall exhibit it upon request to any prospective purchaser or agent of the Commission
or Nebraska State Patrol. A permit holder shall retain and preserve industry
promotional cost records for Commission review for a period of three years. Every
person holding a permit under this section shall be obligated to follow all Trade
Practice Policies, Chapter 6, 016 contained in Commission Rules and Regulations.
Every permit holder, employer, or shipper is subject to citation for any violation of the
Trade Practice Rules and Regulations. The application for the new permit shall be
submitted upon such forms as the Commission may prescribe.
017 EMPLOYMENT OF MINORS
017.01 Age 16 - Upon reaching 16 -
017.01A. An employee may stock inventory, sack and carry out alcoholic liquor
from licensed establishments, although she/he must be accompanied by a person
Page 53
21 years of age or over. (Can be the purchaser.) (53-168.06)
017.01A1 A grocery pick-up lane is considered a carry-out function.
017.01B An employee may remove liquor containers as a waiter, waitress or
busboy of a restaurant, hotel, etc. (53-168.06)
017.01C An employee may not scan or accept payment regarding any sale of
alcoholic liquor.
017.02 Age 19 - Upon reaching 19 -
017.02A An employee may serve [includes bartending] and sell alcoholic liquor.
(53-168.06)
017.02B An employee may place orders and accept deliveries in the normal
course of business with licensed wholesalers.
017.03 Immediate underage family members are not exempt from the provisions
of this rule.
018 CREDIT: WHOLESALER/RETAILER
018.01 Pursuant to the authority granted in the Liquor Control Act and to meet
the requirements contained in Regulations No. 122 (originally issued as FFA
Regulation No. 8) issued by the Bureau of Internal Revenue of the United States
Treasury Department, the Nebraska Liquor Control Commission hereby adopts
the following rule:
018.01A No person, partnership, firm or corporation holding a retailer's
license under the Nebraska Liquor Control Act shall accept or receive
credit from any manufacturer, distributor or wholesaler on purchases of
Page 54
beer and no retailer shall accept or receive credit from any manufacturer,
distributor or wholesaler on purchases of alcoholic liquors, except beer,
for a period exceeding 30 days from the date of delivery of any such
merchandise.
018.01B No manufacturer, distributor or wholesaler shall extend credit
to any such retailer on sales of beer and no manufacturer, distributor or
wholesaler shall extend credit to any such retailer on sales of alcoholic
liquors, excluding beer, for a period exceeding 30 days from the date of
delivery of any such merchandise.
018.01C No retailer shall purchase, accept or receive any alcoholic
liquors, including beer, from any manufacturer, distributor or wholesaler
if such retailer is delinquent on any account for alcoholic liquors,
including beer, to any manufacturer, distributor or wholesaler.
018.01D No manufacturer, distributor or wholesaler shall sell or
otherwise furnish any such alcoholic liquors, including beer, to any
retail licensee who is delinquent on any account to any other
manufacturer, distributor or wholesaler, providing that such delinquency
is known to such manufacturer, distributor or wholesaler.
018.01E Every manufacturer, distributor, wholesaler and retailer shall
report to the commission such information concerning the extending or
receiving of credit on such forms as the commission may hereafter
prescribe and at such times as the commission shall hereafter determine.
Such reports shall be by affidavit and sworn to by all licensees.
018.01F Any purchases, sales, practices or transactions entered into
between any manufacturer, distributor or wholesaler and any retailer,
with the intent to circumvent or evade the provisions of this regulation,
shall be considered as a violation thereof.
Page 55
018.01G Beer wholesalers shall be permitted to give retailers quantity
discounts on volume purchases but such discounts shall be calculated on
the basis of sales made to each licensee. Individual retail licensees or
licensees holding more than one retail license shall not be permitted to
combine purchases for purposes of obtaining such quantity discounts.
019 ILLEGAL CONDUCT: ALL LICENSEES
019.01 Persons, partnerships, and/or corporations holding licenses
issued pursuant to the provisions of the Nebraska Liquor Control Act,
Section 53-101, et seq., R.R.S. 1943, will be subject to citation and
possible administrative sanction to include suspension or revocation for
violation of the following:
019.01A Sale to Minor; Defense: No licensee or partners, principals,
agents or employees of any licensee shall sell any alcoholic liquors
to any person who is a minor as defined in Section 53-103(23)
of the Nebraska Liquor Control Act except that proof of the
following shall constitute an absolute defense:
019.01A1 The purchaser falsely represented in writing and supported with other
documentary proof specifically; a Drivers License, Nebraska State Identification Card,
Military Identification Card, Alien Registration Card or Passport that he was of legal
age to purchase alcoholic liquor; and
019.01A2 That the appearance of such purchaser was such that an
ordinary and prudent person would believe that such appearance
conformed to any documentary description of appearance presented
by the purchaser; and
019.01A3 The sale was made in good faith and in reliance upon the
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written representation, other documentary evidence, the appearance
of the purchaser, and in the belief the purchaser was of legal age to
make such purchase; or
019.01A4 The sale was made with the knowledge of and in cooperation
with a duly authorized law enforcement officer or agent of the Nebraska
Liquor Control Commission. (53-180, 53-180.07)
019.01B Minor In Possession Within Licensed Premise: No licensee or
agent, principal, partner or employee of any licensee shall permit any
person who is a minor as defined in Section 53-103(23) of the Nebraska
Liquor Control Act to possess for the purpose of consumption any
alcoholic liquor in any licensed premises. A licensee who has established
the defense of (A) above shall be deemed to have not acted carelessly.
(53-180.02)
019.01C Hours of Operation: No licensee or partner, principal, agent or
employee shall permit the sale, dispensing or delivery of any alcoholic
liquor in or from the licensed premises during hours not permitted by
local ordinance or by the provisions of state law.(53-179)
019.01D Open Containers During Prohibited Hours: No licensee or
partner, principal, agent or employee of any licensee shall permit any
alcoholic liquor, in open containers to remain in the possession or
control of any person for the purpose of consumption 15 minutes
after the time set for concluding the sale of alcoholic liquor, by
state law or by local ordinance whichever is earlier.(53-179(3))
019.01E Silent Partners; Profit Sharing: No licensee or partner,
principal, agent or employee of any Retail Liquor License shall permit
any other person not licensed or included as a partner, principal, or
stockholder of any Retail Liquor License to participate in the sharing
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of profits or liabilities arising from any Retail Liquor License.
(53-1,100)
019.01F Disturbance: No licensee or partner, principal, agent or employee
of any licensee shall allow any unreasonable disturbance, as such term is
defined hereunder, to continue without taking the steps, as set forth
hereunder, within a licensed premise or in adjacent related outdoor
areas.
019.01F1 A "Disturbance" as used in this section shall mean any brawl, fight, or other
activity which may endanger the patrons, employees, law enforcement officers, or
members of the general public within licensed premises or adjacent related outdoor
area. Such term shall include incidents involving, but not necessarily limited to: drug
dealing; intoxicated individuals; soliciting of prostitution; or any physical contact
between the licensee's agents or employees and its customers, involving any kissing,
or any touching of the breast, buttock or genital areas. Any brawl fight or other
activity which results in serious injury to any patron, employee or members of the
general public shall be reported to law enforcement. Serious injury means any
gunshot wound, knife or other stab wound or any other injury requiring medical
treatment onsite or transportation to a medical facility for treatment. Licensees and
their employees shall not prohibit or interfere in any way with a patron who chooses to
contact law enforcement in the event they are assaulted on the premises.
019.01F2 Unless there is reason to believe that a licensee or partner,
principal, agent or employee of any licensee would endanger
himself/herself or others, such person shall take such action as is
reasonably necessary to terminate the disturbance. Physical force should
be exercised only in extreme circumstances and should be limited to the
force reasonably required to terminate the disturbance and remove the
individual from the licensed premise, without endangering any patron or
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other person.
019.01F3 In the event efforts taken in accordance with the preceding
subparagraph are not successful or if there is reason to believe that the
licensee, partner, principal, agent or employee of any licensee may
create a danger to himself/herself or others, than in such event, such
person should immediately contact law enforcement personnel to assist
in properly handling the disturbance. In the event law enforcement and/or
medical personnel are summoned, the directions and/or orders given by
such law enforcement or medical personnel shall be followed.
019.01F4 A licensee who has conformed with the procedure as set forth in this
section shall be deemed to have not permitted a disturbance to occur and continue.
Licensees who wish to document their compliance with this rule may maintain a log in
which they document disturbances or other unusual occurrences.
019.01G Entry Into Premise by Law Enforcement Officer: No licensee or
partner, principal, agent or employee of any licensee shall refuse to
permit or unreasonably delay in permitting any law enforcement officers,
duly appointed investigator, inspector, agent or auditor of the Nebraska
Liquor Control Commission entry onto the licensed premises at any time
demand for such entry is made by such law enforcement officer,
investigator, inspector, agent or auditor of the Nebraska Liquor Control
Commission.
019.01H Removal of Alcoholic Liquors From Premise: No licensee or
partner, principal, agent or employee of any licensee shall allow any
alcoholic liquor to be removed from a licensed premises except where a
license is held permitting off-premises sales and then only in original
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unopened containers.
019.01I Sale For Resale: No licensee or partner, principal, agent or
employee other than provided for in 53-175, shall engage, directly or
indirectly, in any transaction including or conspiring as to the resale
of any liquors owned by him as a licensee, nor permit the sale or
delivery of any alcoholic liquor in such quantities that would place a
reasonable-minded person on notice that such liquor might be intended
for resale. A defense may be established by the licensee by obtaining from
any such suspected purchaser a statement in writing that the purchase
is not being made for the purpose of reselling the alcoholic liquors.
019.01J Refilling; Substitution: No licensee or partner, principal, agent
or employee of any licensee shall fill or refill, in whole or in part,
any original package of alcoholic liquor, with the same or any other
kind, quantity, quality or proof of alcoholic liquor and no licensee or
partner, principal, agent or employee of any licensee shall have in his
possession for sale at retail, any containers of any kind containing
alcoholic liquor, except in original packages.(53-184)
019.01K Delinquent Credit: No licensee or partner, principal, agent or
employee of any licensee shall fail to pay for upon delivery, any
purchases of beer and shall not accept credit from any manufacturer,
distributor or wholesaler of alcoholic liquors namely, spirits or wine,
for a period of 30 days. Any purchases of alcoholic liquors for which
payment has not been made in full within 30 days of the date of invoice
shall constitute a delinquency and shall subject the licensee to citation
(53-168).
019.01L Sale of License: No licensee or partner, principal, agent or
employee of any licensee shall sell or offer to sell any interest in any
liquor license to any other person. In any sale of a business possessing
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a liquor license, no value may be placed upon the existence of the
license itself and the placing of any such value upon the license by the
seller of any such business shall subject the seller-licensee to citation.
019.01M Sell on Credit to Consumer: No licensee or partner, principal,
agent or employee of any licensee not exempted by the provisions of
Section 53-183, shall sell or furnish alcoholic liquor at retail to any
person on credit, except that a major credit card may be used in the
purchase of alcoholic liquors. The term "major" credit card shall mean
any nationally recognized credit card, excluding any card, distributed
by an entity that holds a retail license issued by Nebraska.(53-183)
019.01N Sell to Visibly Intoxicated Person/Mentally Incapacitated Person/Person
Incapacitated by Drugs. No licensee or partner, principal, agent or employee of any
licensee shall sell, serve, or furnish alcoholic beverages or allow possession of
alcoholic beverages on the licensed premise to any person who is or has become
intoxicated and/or incapacitated by the consumption of alcoholic beverages and/or
other drugs or who is mentally incapacitated. Intoxication means an impairment of a
person's mental or physical faculties as a result of his or her use of alcoholic liquor or
drugs so as to diminish the person's ability to think and act in the manner of an
ordinary prudent and cautious person in full possession of his or her faculties using
reasonable care under like circumstances. A person shall be deemed to be intoxicated
when it can be plainly determined by appearance, conduct, and/or demeanor. A change
in demeanor and/or behavior as time passes is also an indicator of intoxication. Other
indicators include, but are not limited to:
019.01N1 Problems with balance, inability to maintain balance, i.e.,
stumbling, staggering gait, bumping into furniture while walking, falling
against bar or off stool, head on bar;
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019.01N2 Ineffective muscular coordination, i.e., spilling and/or
knocking over drinks, unable to pick up change, clumsy, uncoordinated
movements;
019.01N3 Strong smell of alcohol;
019.01N4 Slurred speech, i.e., thick tongue, uncontrollable voice pitch,
muttering, argumentative, aggressive or belligerent, making inappropriate
comments, crude behavior.
019.01N5 Bloodshot and/or glassy eyes, i.e., flushed face;
019.01N6 Condition of clothes and hair, i.e., disheveled appearance,
messy hair, unzipped clothing;
019.01N7 Careless with money, urging other people to have another drink,
annoying other guests and servers, complaining about drink prices,
complaining about drink strength or preparation.
019.01N8 Unusual behavior, i.e., vomiting, profanity,fighting, loud,
boisterous, obnoxious behavior.
019.01N9 A concentration of eight hundredths of one gram or more by weight
of alcohol per one hundred milliliters of his or her blood, a concentration of
eight hundredths of one gram or more by weight of alcohol per two hundred
ten liters of his or her breath, or a concentration of eight hundredths of one
gram or more by weight of alcohol per one hundred milliliters of his or her
urine. This indicator may only be used in conjunction with at least one other
indicator that demonstrates visible intoxication.
019.01O Notices: Every licensee shall cause his license or licenses to
be framed and hung in plain view in a conspicuous place on the licensed
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premises. (53-148) The warning to minors and adults sign and the
pregnancy poster must also be on display in a prominent place. (53-180.04
and 53-103.04)
019.01P No retail licensee may deliver alcoholic liquor to a consumer, except:
019.01P1 A holder of a special designated license or a caterer=s license used
in conjunction with a special designated license may deliver to the licensed
location or to a location expressly authorized by the Commission in writing
pursuant to Chapter 4 of the Rules and Regulations of the Commission.
019.01P2 A retail licensee and holder of a shipping license, may deliver or
cause to be delivered by it's agent, delivery service or common carrier to a
consumer alcoholic beverages provided that the consumer has paid the
licensee for the alcoholic liquors prior to delivery by cash, credit or debit card,
and that the licensee has verified that the sale has not been made to a minor,
nor that delivery will be made to a minor. Any package to be delivered by a
delivery service or common carrier for the holder of a shipping license shall
have a label stating "adult signature required" measuring at least three by five
inches in size placed on the package by the licensee.
019.01P3 The retail licensee is responsible for any violations of the Nebraska
Liquor Control Act and/or the Rules and Regulations of the Nebraska Liquor
Control Commission which occur as a result of the delivery of alcoholic
liquors, including, but not limited to, sales to minors.
019.01P4 The driver for the agent must be 21 years of age.
019.01Q Illegal Activities: The Commission finds that certain illegal activities may
induce individuals to enter licensed premises and that the Commission has an interest
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in insuring that licensees do not use illegal means to promote the sale and
consumption of alcohol. The Commission also believes the consumption of alcohol
could impair judgment and could lessen inhibitions, causing some consumers to
engage in illegal activities or to be victims of illegal activities on or about licensed
premises, endangering the health, safety and welfare of individuals. The Commission,
therefore, finds there is a nexus between the consumption of alcohol and certain illegal
activities that occur within licensed premises or in adjacent related outdoor areas.
Such activities are: drug-related offenses, prostitution or pandering, assaults, sexual
assaults, homicide, gambling, vandalism, weapons-related offenses, theft, disturbing
the peace, violations of statutes or local ordinances relating to entertainment,
acceptance of food stamps for the sale of alcohol or otherwise in violation of
federal laws or regulations, and any offense referred to in Section 53-125 (4) or (5),
whether or not there has been a plea of guilty or a conviction in criminal court.
If the Commission finds by a preponderance of the evidence that a licensee or
employee or agent of a licensee has committed any of the foregoing illegal activities
or has knowingly allowed such offense to be committed by others on the licensed
premises or adjacent related outdoor areas, the Commission may suspend, cancel
or revoke such license.
019.01R Penalties: Upon a determination by the Nebraska Liquor Control
Commission that any licensee licensed by it has violated any of the provisions
of the Nebraska Liquor Control Act (53-101 through 53-1,200) or the rules
and regulations of the Nebraska Liquor Control Commission that license may
be subjected to revocation or suspension or other administrative sanction such
as the Commission may order.
019.01S SANITATION
019.01S1 Sanitary conditions, conducive to public health and welfare, must
be maintained at all times, in, on or about licensed premises, by meeting
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minimum sanitary standards as set forth in the Nebraska Food Service Code.
The minimum standards shall require at least two restrooms for establishments
that provide on-premise consumption of alcoholic beverages.
019.01T QUANTITATIVE SALES
019.01T1 All licensees shall maintain on their licensed premises records
presently required by federal regulation concerning sales of alcoholic
liquor, in an amount of twenty wine gallons or more (27 CFR 194)
Such records shall include a record of the name and driver's license
number or other identification of the person making the purchase.
All licensees shall make such records available to any Nebraska Liquor
Control personnel or any other law enforcement officer at any time
demand for such is made.
019.01U DRINKING PROMOTIONS
019.01U1 No licensee shall sell, or serve for on-premises consumption,
an unlimited quantity of beer, wine, or spirits at a specific price.
019.01U2 No licensee shall sell or serve two or more drinks containing beer, wine, or
spirits to a person for that person's consumption on the licensed premises for one
price. A pitcher or bucket of beer shall not be considered a drink, however, no licensee
shall sell two or more pitchers or buckets of beer for one price.
019.01U3 Nothing in this rule shall limit, or in any way restrict, the
price which may be charged by any licensee for a single drink containing
beer, wine, or spirits to be consumed on the licensed premises.
019.01U4 No licensee shall mix or pour alcoholic beverages directly into
a patron's mouth. The so-called upside-down drinks are prohibited.
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019.01W SPECIAL DESIGNATED PERMIT/DELIVERY AND RETURN OF
ALCOHOLIC BEVERAGES
019.01W1 Delivery and return of alcoholic beverages must be made
within seven (7) days prior and subsequent to the date of the event.
019.01W2 If storage is to be off the licensed premises, written request
must be made to and written approval received from the Commission
covering the location and dates of the storage.
019.01W3 After the completion of the event for which a special designated
permit is obtained, the permittee may remove open containers of alcoholic
liquor from the premise. A licensee with a catering permit may store open
containers of alcoholic liquor used for catered events provided the alcoholic
liquor is stored in a separate and secure area of the licensed premise.
019.01X ADULT ENTERTAINMENT
019.01X1 No licensee or partner, principal, agent or employee of
any licensee shall employ or permit any person under the age of nineteen
to provide sexually explicit entertainment within a licensed premises; nor
shall any person under the age of nineteen be employed or permitted
within a licensed premises while unclothed in any sexually explicit
manner.
020 CANCELLATION/DENIAL OF LICENSES
020.01 Where approval or authorization for issuance of any liquor license
has been made by the Commission subject to any condition and that
condition is not met the applicant will be subject at all times during
this period of non-issuance to an Order of the Commission to show cause
why the approval should not be cancelled and the application denied for
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failure to meet the conditions for issuance.
020.02 Where a license has been approved by the Commission and forwarded
to the city, village or county clerk, as the case may be, for the collection of
the appropriate fees and issuance and the applicant does not complete the
licensing process by paying such appropriate fees and obtaining such license
within twenty-one calendar days from the receipt by the city clerk, village or
county clerk, as the case may be, for the license, the clerk shall immediately
return the license to the commission and the applicant shall be subject to an
Order of the Commission directing the applicant to show cause why the
approval of the license should not be cancelled and the application denied.
020.03 Where a license has been issued and the licensee for any reason
during the license year fails to operate the license for a total of thirty
continuous days or sixty total days the licensee shall be subject to an
Order of the Commission directing that the licensee show cause why
the license should not be cancelled for non-use.
020.04 Where a license has been issued and the licensee finds that the
licensee will not be able to maintain continuous operation during the
license year as a result of fire, tornado, flood, loss of lease or some
other reason constituting a hardship the licensee shall apply to the
commission within thirty days of the occurrence constituting hardship
for permission to voluntarily cease operations and maintain the
licensee's license for a period of time not to exceed the end of the
licensed year for which the license was issued. Any such status
afforded shall be reviewable by the commission within sixty days
of the end of any license year in which such status has been afforded.
Failure to afford such status or the recision of such status shall subject
the licensee to an Order of the Commission to show cause why the
licensee's license should not be cancelled.
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020.05 Failure on the part of the licensee to show good cause for either
(A) the licensee's non-compliance with conditions of issuance, (B) the
licensee's non-completion of the licensing process by the paying of the
appropriate fees and obtaining the license from local officials, (C) the
licensee's non-use or (D) the licensee's non-operation due to hardship
shall result in the license being cancelled or the previous preliminary
approval being rescinded and the application denied.
020.06 Licenses that have been suspended, cancelled or revoked by the
Commission, but are operating under a judicial stay may be renewed
according to the renewal statutes. However, any license renewed while
suspended, cancelled or revoked but operating under judicial stay shall
be subject to the same suspension, cancellation, or revocation that was
attached to the original license once the judicial stay is dissolved.
CHAPTER 7 - PERMITTEES/REPORTS
TABLE OF CONTENTS
STATUTORY CODE
SUBJECT AUTHORITY SECTION
Permittee Reports 53-164.01 001
Record Retention 53-165 002
CHAPTER 7 PERMITTEES/REPORTS
001 Permittee Reports
001.01 All licensees and permittees, including Nebraska Breweries,
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who are required to file reports and pay taxes which may become due
upon beer by operation of Sec. 53-161, Neb. R.S., as amended, who
shall fail to submit reports required by said Sec. 53-161, Neb. R.S., as
amended, and pay taxes due thereunder at the time and in the manner
therein required, shall be subject to immediate suspension by written
order of the Nebraska Liquor Control Commission of all permits,
licenses and authority to do business in the State of Nebraska, as
provided in the Nebraska Liquor Control Act, in the event said reports
and taxes are not paid within ten (10) days after the date set forth in said
Sec. 53-161, as amended.
001.02 The commission may issue such a suspension order without
written prior notice or formal public hearing, such suspension shall
become effective upon the date notice of same is received in writing
by certified or registered mail, and, provided further, that in the event
such licensee or permittee shall later comply with the requirements of
the Nebraska Liquor Control Act, the commission may remove such
order of suspension without prior notice or formal public hearing, said
removal shall become effective by the same manner as the original order.
002 Record Retention
002.01 All licensees and or holders of shipper's permits shall retain and
preserve true books of accounts and records of all business receipts,
disbursements and funds used in connection with the licensed business
for a period of three years.
002.02 All retailers shall keep invoices and records involving the
purchase of alcoholic liquors for the previous twelve months, and make
them available for inspection upon demand to the Commission or its
agents.
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CHAPTER 8 - STATE INSTITUTIONS
TABLE OF CONTENTS
STATUTORY CODE
SUBJECT AUTHORITY SECTION
Alcohol to State Institutions 53-123.07 001
CHAPTER 8 - STATE INSTITUTIONS
001 Alcohol to State Institutions
001.01 By reason of Section 2 of Article VIII of the Constitution of
Nebraska, State Institutions under the jurisdiction of the Board of
Control of the State of Nebraska or other Departments of the State, may
purchase alcohol from manufacturers and/or distributors duly licensed in
this state, and possess and use the same for non-beverage purposes only
in such institutions, without having first obtained a nonbeverage user's
license or any other license or permit; and that sale and delivery of
alcohol direct to such state institutions, created by Statute, may be
made by such manufacturers and/or distributors, provided they keep
such records and accounts thereof as are provided by law in the case
of sale or delivery of alcohol to licensed nonbeverage users.
CHAPTER 13 - FARM WINERIES
TABLE OF CONTENTS
STATUTORY CODE
SUBJECT AUTHORITY SECTION
Page 70
Branch Outlet/Sampling 53-123.11 004
Distribution 53-123.11 005
Place of Fermentation 53-103(32), 53-123.11 006
Record Keeping/Documentation 53-117, 53-165,
53-164.01(c) 003
Signs, Advertising 53-117 002
Waiver of 75%/25% 53-103(32), 53-123.13 001
001 Waiver of 75%/25%
001.01 The commission may grant an exemption under 53-123.13 for a natural
disaster only.
001.02 Agricultural product under 53-103(32) shall mean any grapes, fruit, berries or
honey whether in whole cluster, whole berry, crushed, uncrushed, or pressed to juice
form, liquid or frozen, as long as the product has not been altered or added to in any
way (other than skin removal). "Agricultural product" shall not mean any product that
already contains alcohol, produced from outside this state.
001.03 The 75% limitation will be calculated based on the number of gallons of
finished wine produced from Agricultural Products grown in this state. The remaining
25% will be based on the number of gallons of finished wine produced from
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Agricultural Products imported from outside the state. The licensee may import an
agriculture product from outside the state of Nebraska during a calendar year in an
amount needed to produce a quantity of finished wine not exceeding 25% of the
finished wine produced by the licensee from the same Nebraska-grown agricultural
product during the prior calendar year.
002 Signs, Advertising
002.01 Any bottle(s) containing more than twenty-five percent of product from
outside the state shall not be labeled to imply the product is a Nebraska product.
003 Record Keeping/Documentation
003.01 Production records/documentation shall be kept on each product to
include the amounts and type of raw material used, source of raw materials and
amount produced. These records shall be maintained for a period of not less than
three years and open to audit/inspection by any agent or employee of the Nebraska
Liquor Control Commission.
004 Branch Outlet/Sampling
004.01 A farm winery desiring the branch outlet allowed for sampling in
53-123.11(d) need not apply for a separate license but shall seek prior
approval of the location from the Commission and the local governing body.
005 Distribution
005.01 Farm wineries may wholesale to licensed retailers on and off site.
005.02 Farm wineries may ship wines by common carrier to licensed wholesalers.
Farm wineries with annual production not exceeding 15,000 gallons in the prior
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calendar year may also ship wines by common carrier to licensed retailers, and to
consumers.
006 Place of Fermentation
006.01 The fermentation of Agricultural Products shall take place on the
licensed premises. This does not include any natural fermentation of product
being shipped into the farm winery under 001.03.
007 FARM WINERY OFF- SITE STORAGE FACILITY
007.01 A farm winery licensee desiring an off-site storage facility shall seek prior
approval from the Commission. The farm winery written request must include but not
limited to the following:
a) Address of the proposed facility
b) Dimensions of the facility
c) Security measures in place
07.02 Off-site storage facility requirements:
a) Copy of Farm Winery license
b) Perpetual Inventory record of finished wine products
c) No consumption or tasting allowed on or about the facility
d) No alcoholic beverages other than products classified as wine can
be stored in the facility
Chapter 14 – Minimum Standards for Alcohol Server Training Programs
001 Minimum Standards for Alcohol Server Training Programs
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Certified alcohol server training courses, regardless of delivery format, shall
incorporate the following content:
001.01 Legal Information
001.01A Responsibilities of licensees and their employees as they pertain to
selling alcohol
001.01B Penalties and consequences associated with irresponsible alcohol sale
or service
001.01C Delineation of what constitutes reasonable efforts to ensure responsible
alcohol sales, including 3rd
party sales
001.01D Proper ID Checking Techniques including but not limited to acceptable
forms of ID, what to check on an ID, and underage warning signs
001.01E Documentary proof of age book and its correct use
001.01F Nebraska specific information such as age to consume, legal BAC
limit, legal hours of sale, illegal activities, liability laws and penalties
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001.02 Alcohol Information
001.02A How alcohol affects people including but not limited to physiological effects of
alcohol, visible signs of intoxication, factors influencing rate of intoxication,
blood alcohol content, and tolerance.
001.02B Types and quantities of alcohol including but not limited to measured drinks,
alcohol purity/concentration, and drink equivalencies.
001.03 Intervention Information
001.03A Guidelines for ensuring responsible alcohol sales including but not limited to, safe
customer service, prevention of confrontation and avoiding the escalation of a
situation.
001.04 Delivery Standards of Program
001.04A The course must adhere to standard, accepted instructional design techniques and
methodology, including presentation, application and feedback. Presentations
may include, use of interactive computer programs, video, live training and role
playing. A minimum of two hours is required for training.
001.04B The program must administer a comprehensive exam to test the participant’s
understanding and retention of the content. A passing grade shall not be less than
70%, testing shall be done in the presence of the certified trainer. Trainees shall
not have access to any written or video material nor have any discussions with
another person during the exam, unless the instructor authorizes the use of an
interpreter. Questions by a student to clarify test content are permitted.
001.04C Exam records must be verified by an independent third party to prevent
falsification of records.
001.04D Written documentation of program attendance by/for each attendee must be
provided.
001.04E If presented by trainers, those individuals must meet minimum
standards for qualifications as presented in the application for
certification.
001.05 Program Trainers
Any program utilizing a trainer shall submit their requirement for training at the
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time it applies to be a certified program. Such requirement shall be reviewed
by the Commission prior to becoming a certified program. Such requirements
shall include minimum initial and ongoing training criteria and methods to
update the course materials.
002 MANAGEMENT TRAINING PROGRAM
002.01 Programs intended to be training for management and supervisory staff in shall
contain the same content as a server training program and in addition shall
contain:
002.01A Methods for conducting a risk assessment of their establishment
002.01B Developing policies and practices for responsible beverage service
002.01C Procedures specifying when to contact law enforcement
002.01D Recommendations for establishment of on going training for staff
003 APPLICATION TO BE A CERTIFIED PROGRAM
003.01 Any program wishing to become certified shall submit to the Nebraska Liquor
Control Commission the following:
a) A copy of all training materials to be used in the course.
b) A listing of all approved trainers of that program located within Nebraska.
c) An explanation of updating the program in a timely manner.
d) The methods used to become/removed as a trainer of the program.
e) Certificate of Completion that is issued for successful completion of the
course.
Such applications shall be reviewed by the Commission’s Executive Director or his designee and
the Nebraska State Patrol Coordinator for Alcohol Compliance.
If necessary, a hearing before the Executive Director may be ordered to allow any questions or
concerns of the Commission to be addressed by the applicant.
If the course is found to be insufficient after review, the applicant shall be informed of any
deficiencies and allowed to revise its proposal to comply.
If the application meets the minimum requirements of the Commission the applicant shall be
notified in writing by the Commission.
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004 TERM OF CERTIFICATION
004.01 Certification of servers/managers shall be valid for a maximum of
three years. Recertification shall consist of the same elements of any
other program approved by the Commission.
Certified trainers shall provide to the Commission for each individual
wishing to be documented as a certified server/manger the following:
004.01A Documentation of the date of the trainee’s attendance
004.01B Documentation of a satisfactory test score
004.01C A fee of five dollars ($5.00) per trainee. This fee shall be used to maintain a
list of certified servers and managers and to support the Commission’s own online
program.
Chapter 15 – Requirements for Cigar Bar Certification
001 Cigar Bar
001.01 Cigar bar means an establishment operated by a holder of a Class C liquor
license which:
001.01A Does not sell food.
001.01B Annually receives ten percent or more of its gross revenues
from the sale of cigars and other tobacco products and
tobacco-related products.
001.01B1 Cigar is defined as any roll of tobacco
wrapped in leaf tobacco or in any substance
containing tobacco, other than any roll of
tobacco which is a cigarette as defined in
Neb. Rev. Stat. § 69-2702.
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001.01B2 Other tobacco products shall include, any
Tobacco, other than cigarettes, intended for
Consumption by smoking, chewing, or
snuff.
001.01B3 Tobacco related products shall include,
lighters, and lighter supplies (fluid, flints,
wicks, etc.) cigar humidors, cigar cutters,
cigar punches, tobacco pipes, tobacco jars,
tobacco pouches, ashtrays, and other non
cigarette related smoking paraphernalia.
001.01C Has a walk-in humidor on the licensed premise. A
walk-in humidor shall mean a separate room or
enclosure with a door that has the necessary
mechanical devices to maintain the humidity and
temperature at the appropriate level to store and
display cigars. The room shall be large enough to
allow two or more adults the ability to enter the
humidor and to retail display the cigars and other
tobacco products.
001.01D Does not permit the smoking of cigarettes.
001.01E A sign shall be posted on all entrances to the
business, on the outside of each door, in a
conspicuous location slightly above or next to the
door with the following statement: “SMOKING OF
CIGARS AND PIPES IS ALLOWED INSIDE
THIS BUSINESS. SMOKING OF CIGARETTES
IS NOT ALLOWED.”
002 Application for Cigar Bar Certification
002.01 Any one desiring a cigar bar certification shall file an application
for such on a form adopted by the Commission.
002.02 Such applicant shall either be a current holder of a Class C Liquor
License or have an application for a Class C Liquor License on file
with the Commission.
003 Enforcement
003.01 The holder of a cigar bar certification shall file quarterly reports
with the Commission showing revenue received from the sale of
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cigars or other tobacco related products other than cigarettes on
forms approved by the Commission. Such reporting dates shall be
January 31st, April 30th, July 31st, and October 31st. Tax reports
must be filed within 30 days from the reporting date.
003.02 After at least one complete year of successful filings, the reports
shall be filed on an annual basis. Said annual reports must be filed
on or before October 31st.
003.03 The holder of a cigar bar certification shall be subject to
unannounced audits and or inspections by the Commission and
failure to comply with said audit or inspection may result in
suspension, cancellation or revocation of the liquor license as well
as termination of the cigar bar certification.
003.04 Failure to comply with any provisions of these rules or falsification
of any of the required documents may result in the suspension,
cancellation or revocation of the liquor license of the certification
holder. The Certification may also be terminated.
CHAPTER 16 - REQUIREMENTS FOR WHOLESALERS AND SHIPPERS
001 MANDATORY ACH RULE
001.01 All industry members or licensees other than a holder of a S1 (Direct Shipper)
License under the Nebraska Liquor Control Act required to submit state excise taxes
levied on alcoholic beverages as set forth in statutes 53-160 & 53-164 shall remit by
means of automated clearinghouse (ACH) credit. The Commission will provide all
necessary forms and information to licensees to enable the process. Under any
unforeseen circumstances, the Commission reserves the right to make any exceptions to
the ACH requirements.